CC SR 20210601 01 - 13 Cayuse Ln Special Lien Abatement
CONT. PUBLIC HEARING
Date: June 1, 2021
Subject: Consideration and possible action to record a lien to recover City-incurred costs
associated with the nuisance abatement on property located at 13 Cayuse Lane.
Recommendation:
1. Adopt Resolution No. 2021-__, a Resolution of the City Council of the City of Rancho Palos Verdes
confirming the report of nuisance abatement costs and authorizing a lien for nuisance abatement
costs to be placed on the subject property located at 13 Cayus e Lane. (APN 7568-017-025).
2. Report of Notice Given: City Clerk
3. Declare Public Hearing Open: Mayor Alegria
4. Request for Staff Report: Mayor Alegria
5. Staff Report & Recommendation: Rudy Monroy, Code Enforcement Officer
6. Council Questions of Staff (factual and without bias):
7. Public Testimony:
A. Property Owner: Rose Marie Disanto
Mayor Alegria invites the Appellant to speak. (10 mins.)
B. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
8. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Alegria
9. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify
matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council
will then debate and/or make motions on the matter.
10. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the
matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision.
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/01/2021
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to record a lien to recover City-incurred costs
associated with the nuisance abatement on property located at 13 Cayuse Lane.
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2021-__, a Resolution of the City Council of the City of
Rancho Palos Verdes confirming the report of nuisance abatement costs and
authorizing a lien for nuisance abatement costs to be placed on the subject
property located at 13 Cayuse Lane (APN 7568-017-025).
FISCAL IMPACT: $22,264.62 – City’s costs for abatement action plus legal fees/costs
associated with abatement action.
Amount Budgeted: $15,000
Additional Appropriation: N/A
Account Number(s): 101-300-4140-3504
[General Fund Revenues - Code Enforcement Citations]
ORIGINATED BY: Rudy Monroy, Code Enforcement Officer RM
REVIEWED BY: Ken Rukavina, Director of Community Development
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2021-__ (page A-1)
• Exhibit A – Abatement Cost Schedule
BACKGROUND AND DISCUSSION:
In March 2018, the property owner, Rose Marie Disanto, was notified by the Code
Enforcement Division of substandard property maintenance and unsafe egress to the
interior of the residence on the property located at 13 Cayuse Lane. Notices to comply
were also sent to Ms. Disanto in March, April, and May 2018. In January 2019, as a
result of inaction on the part of Ms. Disanto to address the property violations, this
matter was forwarded to the City Attorney’s Office for further enforcement action. In
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November 2019, Staff inspected the property and observed progress only to the exterior
driveway area. In December 2019, Staff received numerous complaints of Ms. Disanto
accumulating discarded household items and other debris in her driveway. In March
2020, the City Attorney’s Office met with Ms. Disanto’s counsel for a case management
discussion. In May 2020, Staff continued to receive property maintenance complaints at
13 Cayuse Lane. In September 2020, the Los Angeles County Fire Department
responded to a fire at 13 Cayuse Lane. In light of these events and subsequent
inspections observing additional household items and debris being stored on the
property, the City determined to proceed to abate the violation.
In September 2020, bids were obtained for the abatement to be conducted, and an
abatement warrant was prepared to be reviewed and signed by a judge in Los Angeles
Superior Court. Proper notice of the City’s intent to abate the property was provided to
the property owner on September 25, 2020. Following the deadline for voluntary
compliance provided in the Notice to Abate, the City Attorney’s Office proceeded with
obtaining a warrant from the court to allow the City to abate the property. A signed
abatement warrant was obtained from the court, and the City proceeded with the
abatement in October 2020.
On May 4, 2021, the City Council opened the public hearing to consider recording a lien
to recover City-incurred costs associated with the nuisance abatement. During the
meeting, correspondence was received by Ms. Disanto’s attorney, Ken Renn, which
requested that the public hearing be continued to allow Ms. Disanto an opportunity to
pay the abatement costs. In response, the City Council continued the public hearing to
June 1, 2021.
Since the May 4 meeting, Staff contacted Ms. Disanto’s attorney on a number of
occasions to discuss and coordinate payment of the abatement costs. As of the writing
of this report, the costs remain unpaid by the property owner. Pursuant to Rancho Palos
Verdes Municipal Code (RPVMC) Section 8.24.110, Ms. Disanto was duly notified of the
City’s costs associated with this abatement, totaling $22,264.62 (Exhibit A of the draft
resolution attached to this report). In addition, pursuant to RPVMC Section 8.24.120, the
City provided notice to Ms. Disanto (including publication in the Palos Verdes Peninsula
News on April 15, 2021) that the placement of this lien upon the property at 13 Cayuse
Lane would be considered by the City Council. As of the date that this report was
completed, no written protest had been received from the property owner or any other
interested party.
Therefore, Staff recommends that the City Council adopt the attached resolution
(Attachment A), placing all costs associated with the City’s abatement of property as a
special assessment lien on the property located at 13 Cayuse Lane.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
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1. Do not place all costs associated with the City’s abatement of property as
a special assessment lien on the property located at 13 Cayuse Lane.
Staff does not recommend this alternative because it would result in the
City bearing the costs of this abatement.
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RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONFIRMING THE REPORT
OF NUISANCE ABATEMENT COSTS AND AUTHORIZING
A LIEN FOR NUISANCE ABATEMENT COSTS TO BE
PLACED ON THE PROPERTY LOCATED AT 13 CAYUSE
LANE (APN 7568-017-025).
WHEREAS, in June 2018, City Staff notified Ms. Rose Marie Disanto, owner of the
property located at 13 Cayuse Lane (the Property), of substandard property maintenance
and unsafe egress, in violation of Sections 8.24.060 and 8.24.070, of the Rancho Palos
Verdes Municipal Code (“RPVMC”); and,
WHEREAS, City Staff sent multiple notices to comply with the RPVMC to the
property owner in March, April, and May 2018, and a violation letter was sent to the
property owner from the City Attorney’s Office in January 2019; and,
WHEREAS, Staff and the City Attorney’s Office made repeated unsuccessful
attempts to gain compliance through contact with the property owner of records; and,
WHEREAS, the City determined that the inadequately maintained property and
landscaping visible from the public right-of-way or adjoining property, which included,
trash debris, storage of discarded unused furniture, salvage materials, constituted a
prohibited activity, unlawful conduct, and a public nuisance, pursuant to RPVMC Sections
8.24.060 and 8.24.070; and,
WHEREAS, after inconsequential abatement by the property owner, on October
9, 2020, pursuant to RPVMC Section 8.24.080, the City Attorney’s Office obtained a
signed Abatement Warrant from Superior Court of Los Angeles to Abate a Public
Nuisance and abatement of the public nuisance proceed in October 2020; and,
WHEREAS, on October 9, 2020, pursuant to the lawfully obtained abatement
warrant, the City abated the nuisance at the Property, to wit: the removal of accumulation
of junk, trash, debris, and overgrown and dead vegetation from the exterior of property;
and,
WHEREAS, California Government Code Section 38773 and 38773.5 and Chapter
8.24 of the RPVMC authorize the City Council to assess all costs incurred for abatement
of violations which constitute a public nuisance as a lien against property; and,
WHEREAS, pursuant to RPVMC Section 8.24.110, the Code Enforcement Officer
prepared an itemized report of the costs incurred during the abatement of the code
violations at the Property, including pursuit of a legal action, which is attached hereto as
Attachment "A"; and,
A-1
WHEREAS, City provided notice by publication in the Palos Verdes Peninsula
News on April 15, 2021, that the City Council would consider placing a lien upon the
Property to recover costs associated with the public nuisance abatement that occurred in
October 2020; and,
WHEREAS, on May 4, 2021, the City Council conducted a public hearing to
consider recording a lien to recover City-incurred costs associated with the nuisance
abatement, but continued the hearing to June 1, 2021 to provide the property owner
and/or representative an opportunity to pay the abatement costs before a lien was placed
on the property; and,
WHEREAS, on June 1, 2021, the abatement costs continue to be pending and
pursuant to RPVMC Section 8.24.120, the City Council held a prop erly noticed hearing
regarding the assessment of the abatement cost, at which time all interested parties were
given an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct and are incorporated fully
herein.
Section 2: The City Council finds that the costs incurred by the City to abate the
nuisance at Property are reasonable and correct, and hereby confirms the Code
Enforcement Officer's Itemized Account of Nuisance Abatement Costs, attached hereto
as Attachment “A.”
Section 3: The City Council hereby directs Staff to submit to the Los Angeles
County Auditor/Controller for collection in the next applicable tax roll year the confirmed
Nuisance Abatement Costs in the amount of $22,264.62 for the property located at 13
Cayuse Lane, Rancho Palos Verdes (APN 7568-017-025). The City Council further
directs the City Attorney and the Finance Director to prepare and cause to be recorded in
the Office of the Los Angeles County Recorder appropriate notices of liens which
document the amount of Nuisance Abatement Costs assessed against the subject
property.
Section 4: Interested parties are hereby notified that the time within which
judicial review of this decision must be sought, if available, is governed by Section 1094.6
of the California Code of Civil Procedure.
A-2
PASSED, APPROVED, and ADOPTED this 1st day of June 2021.
_____________________
Eric Alegria, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of The City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2021-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 1, 2021.
_______________________
Teresa Takaoka, City Clerk
A-3
Attachment A
ITEMIZED ACCOUNT OF NUISANCE ABATEMENT COSTS
June 1, 2021
OWNER OF RECORD:
ACCESSORS PARCEL NUMBER:
PROPERTY VIOLATION:
01203.0011/687388.2
Rose Marie DiSanto
13 Cayuse Lane
Rancho Palos Verdes, CA 90275
7568-017 -025
RPVMC § 8.24.060(A)(1)(b), maintaining
overgrown vegetation which is unsightly
and likely to harbor rats or vermin.
RPVMC § 8.24.060(A)(2), maintaining the
storage of trash, garbage or refuse cans,
bins, boxes or other such containers in front
or side yards, which are not substantially
screened from view from the public or
private street right-of-way.
RPVMC § 8.24.060(A)(3), maintaining the
accumulation of junk, trash, debris, rubbish,
garbage, lumber, scrap metal, concrete,
asphalt, tin cans, tires, piles of earth or
salvage materials which are visible from the
public right-of-way or adjoining property.
RPVMC § 8.24.060(A)(4), maintaining
abandoned, discarded or unused furniture,
stoves, sinks, toilets, cabinets or other
household fixtures or equipment stored in
public view.
RPVMC § 8.24.060(A)(7); UBC § 102, as
adopted by RPVMC § 15.04.010,
maintaining an unsafe structure.
RPVMC § 8.24.060(A)(8), maintaining
building exteriors, walls, or walkways which
are broken, defective, deteriorated or in
disrepair.
A-4
SCOPE OF WORK: Contract with qualified company for the
removal of the junk, trash, debris, rubbish,
garbage, lumber, scrap metal, concrete,
asphalt, tin cans, tires, piles of earth or
salvage materials which are visible from
the public right-of-way or adjoining
property from the property.
COST SUMMARY
Costs and legal fees associated with pursuit of Nuisance $6,699.00
Abatement.
Costs associated with abatement of nuisance by contractor, $12,515.00
Bio-One Long Beach.
Costs for City Staff time for abatement of nuisance. Costs $3,050.62
includes abatement/Inspections: 35.83 hours of staff time
Total Cost to be Assessed: $22,264.62
The above costs were incurred by the City of Rancho Palos Verdes in abatement of a
public nuisance at the property located at 13 Cayuse Lane (APN 7568-017-025).
7~·0~
Code Enforcement Officer
Rudy Monroy
City of Rancho Palos Verdes
01203.0011/687388.2 A-5